Baby Girl born Outside Canada

[noorulhuda]

If they landed on the last day of 2014 and stayed until the last day of March 2015 (3 months), they would need to be in Canada before the end of March 2018 or they won’t have the required 2 years in 5 to meet RO. And that the absolute best case scenario. Their time to meet RO is rapidly running out, if it hasn’t already. If they enter Canada and CBSA feels they don’t/won’t have sufficient time to meet RO, they can report them for not being compliant even before the 5 year period is up.

Thanks Buletruck for explaining the scenario.

 

[noorulhuda]

If they landed on the last day of 2014 and stayed until the last day of March 2015 (3 months), they would need to be in Canada before the end of March 2018 or they won’t have the required 2 years in 5 to meet RO. And that the absolute best case scenario. Their time to meet RO is rapidly running out, if it hasn’t already. If they enter Canada and CBSA feels they don’t/won’t have sufficient time to meet RO, they can report them for not being compliant even before the 5 year period is up.

I asked them the leaving date of Canada and the expiry date of PR card, I will update you then.

 

[Alurra71]

I asked them the leaving date of Canada and the expiry date of PR card, I will update you then.

You really need to ask them when they landed as PR's activating their COPR's and the date they left Canada. The dates on their PR cards mean nothing.

 

[noorulhuda]

See here for similar question albeit India not Pakistan but same principle applies

https://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-pr-for-child-from-india.534172/

They need to be back in and remain in Canada in order to sponsor the baby for PR, there is no option to add children post a PR landing.

If they have not met the residency obligation by the the time they return then it is advisable to not try any sponsorship until such time they are back in compliance otherwise it is possible their PR status might be revoked.

Others can correct me but believe in the mean time they will need to apply for a TRV for the baby until such time they can sponsor a PR application from within Canada.

Once they have been outside Canada 3 years after landing as a PR, they would be in violation of residency obligation.

That's not how PR works.

Again, the expiry date on their PR card does not matter. All that matters is when they landed and became PRs.

If they go off their PR card date, they may find their PR status revoked.

If they landed on the last day of 2014 and stayed until the last day of March 2015 (3 months), they would need to be in Canada before the end of March 2018 or they won’t have the required 2 years in 5 to meet RO. And that the absolute best case scenario. Their time to meet RO is rapidly running out, if it hasn’t already. If they enter Canada and CBSA feels they don’t/won’t have sufficient time to meet RO, they can report them for not being compliant even before the 5 year period is up.

You really need to ask them when they landed as PR's activating their COPR's and the date they left Canada. The dates on their PR cards mean nothing.

I checked their PR card, valid upto March 2019. They have only 15 months remained + 3 months has lived in Canada out of 24 months.

Please help them what is the way around, they are very worried, they are in violation of residency obligations.

Regards.

 

[Buletruck]

The date on the card does not matter. It does not indicate the date they became a PR. They need to know the date they first came to Canada and became a PR. That is the date that matters. It is probably 3-4 months before March (November/December is my guess).
They are in a difficult position. If the return to Canada, And manage to get in unreported, they will need to stay until they are compliant with residency obligation. They won’t be able to sponsor the child until they are back in compliance with the residency obligation or IRCC will cancel the application and start the process to revoke their PR status. The child would need to come in a TRV/TRP but would not be eligible for health coverage.
There is no way around this. They have put themselves in this situation by staying out of Canada too long.

 

[canuck_in_uk]

I checked their PR card, valid upto March 2019. They have only 15 months remained + 3 months has lived in Canada out of 24 months.

Please help them what is the way around, they are very worried, they are in violation of residency obligations.

Regards.

Seriously, as pretty much every person on this thread has already said, the PR card expiry date is IRRELEVANT. If you want help, you really need to read what people are saying and provide the necessary information.

What date did they become PRs?

 

[Buletruck]

They need to look at the COPR for the date that they landed in Canada. Stop looking at the PR card. Those dates on the PR card mean nothing for residency obligation.

 

[noorulhuda]

Seriously, as pretty much every person on this thread has already said, the PR card expiry date is IRRELEVANT. If you want help, you really need to read what people are saying and provide the necessary information.

What date did they become PRs?

They need to look at the COPR for the date that they landed in Canada. Stop looking at the PR card. Those dates on the PR card mean nothing for residency obligation.

So, Date of Landing upto 5 years is the validity of the PR?

 

[Buletruck]

No! There is no validity date for a PR. It is forever, unless you renounce it or the government takes it away. The government will take it away for a number of reasons, the most common being residency obligation. They need to have lived in Canada for 730 days from the day they landed for the next 5 years. Your friends already seem to be in violation. Until they are compliant, they won’t be able to sponsor the youngest child.

 

[canuck78]

The date on the card does not matter. It does not indicate the date they became a PR. They need to know the date they first came to Canada and became a PR. That is the date that matters. It is probably 3-4 months before March (November/December is my guess).
They are in a difficult position. If the return to Canada, And manage to get in unreported, they will need to stay until they are compliant with residency obligation. They won’t be able to sponsor the child until they are back in compliance with the residency obligation or IRCC will cancel the application and start the process to revoke their PR status. The child would need to come in a TRV/TRP but would not be eligible for health coverage.
There is no way around this. They have put themselves in this situation by staying out of Canada too long.

If they apply for a trv/trp for the baby CIC would look up their PR status and that could also trigger the PR revocation process.

 

[Buletruck]

If they apply for a trv/trp for the baby CIC would look up their PR status and that could also trigger the PR revocation process.

Yup! There in a bad situation. Realistically, IMO, if they want to make it work, one of the parents and the 2 children with PR’s need to get on a plane ASAP (like tomorrow ASAP) and try and get into Canada without being reported. If they can do that, get established and stay until they are compliant. The other parent will have to stay back until the rest are compliant (about 2 years). When they are compliant they can apply to sponsor the youngest and the other parent can take their chances entering. If that parent gets reported they can appeal or re-sponsor the other parent. I guess about 3 years total.

 

[noorulhuda]

No! There is no validity date for a PR. It is forever, unless you renounce it or the government takes it away. The government will take it away for a number of reasons, the most common being residency obligation. They need to have lived in Canada for 730 days from the day they landed for the next 5 years. Your friends already seem to be in violation. Until they are compliant, they won’t be able to sponsor the youngest child.

If they apply for a trv/trp for the baby CIC would look up their PR status and that could also trigger the PR revocation process.

Is there any solution? Or a appeal mentioning obligations to perform in home country?

 

[canuck78]

Is there any solution? Or a appeal mentioning obligations to perform in home country?

You still will have a problem with the 3rd child. The rest of the family could appeal if the get reported but it is a long process with no guarantees and they could not start the PR process for the 3rd child until it is resolved.

 

[Buletruck]

They could certainly try an appeal if they are reported, but honestly, appeals have a low rate of approval and need strong grounds to be successful.
The big issue will be the youngest child. They can not sponsor him if they are reported and wouldn’t be able to until they won the appeal. Realistically they would need the TRV/TRP and even then, would require a renewal frequently. There is always the risk IRCC would refuse the extension. They would need to pay for any medical services for the child out of pocket or find insurance coverage as it’s unlikely the child would qualify for health care.
It’s not a great situation.

 

[noorulhuda]

You still will have a problem with the 3rd child. The rest of the family could appeal if the get reported but it is a long process with no guarantees and they could not start the PR process for the 3rd child until it is resolved.

They could certainly try an appeal if they are reported, but honestly, appeals have a low rate of approval and need strong grounds to be successful.
The big issue will be the youngest child. They can not sponsor him if they are reported and wouldn’t be able to until they won the appeal. Realistically they would need the TRV/TRP and even then, would require a renewal frequently. There is always the risk IRCC would refuse the extension. They would need to pay for any medical services for the child out of pocket or find insurance coverage as it’s unlikely the child would qualify for health care.
It’s not a great situation.

Thanks to you all for sharing your useful experiences.